The Development and Spread of Different Types of Constitutional Courts

In international comparison, two basic constitutional models are recognized. In one model, traditional courts – headed by the Supreme Court – compare individual legal norms with constitutional standards, and ultimately overturn any conflicting statues. The other model involves the establishment of a separate, specialized body to review legal acts and statutes for constitutionality. The third type can be described as a mixed system. The so-called "school of thought" models influenced fundamental rights protection systems worldwide. From the 1960s onward, the German centralized constitutional court and the US Federal Supreme Court, which became highly influential in legal and political spheres, served as benchmarks for many countries. After the collapse of the socialist system in Central Europe, despite the American intellectual influence, almost all countries established centralized constitutional courts.

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Journal
SHILAP Revista de lepidopterología
Published
2025-06-01
Primary Topic
Judicial and Constitutional Studies
Type
article
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article

The Development and Spread of Different Types of Constitutional Courts

Csaba Cservák
SHILAP Revista de lepidopterología
Judicial and Constitutional Studies
article

The Development and Spread of Different Types of Constitutional Courts

Csaba Cservák
article en

Abstract

In international comparison, two basic constitutional models are recognized. In one model, traditional courts – headed by the Supreme Court – compare individual legal norms with constitutional standards, and ultimately overturn any conflicting statues. The other model involves the establishment of a separate, specialized body to review legal acts and statutes for constitutionality. The third type can be described as a mixed system. The so-called "school of thought" models influenced fundamental rights protection systems worldwide. From the 1960s onward, the German centralized constitutional court and the US Federal Supreme Court, which became highly influential in legal and political spheres, served as benchmarks for many countries. After the collapse of the socialist system in Central Europe, despite the American intellectual influence, almost all countries established centralized constitutional courts.

SHILAP Revista de lepidopterología
Károli Gáspár University of the Reformed Church in Hungary (HU)
Peace, Justice and strong institutions
Openalex Percentile: Top 5%
Judicial and Constitutional Studies
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